When Are Car Rental Companies Liable in a Car Accident Claim?

Depending on the type and severity of your rental car accident, you can suffer life-changing injuries. As a victim of such an accident, you can file a claim and recover compensation for your damages. Liability plays a significant role in car accident claims.

A party is liable for your injuries if their actions contributed to the accident. Several different parties can shoulder liability for your rental car accident, including:

• Rental car Company
• Drivers of other vehicles
• Rental car part manufacturer
• Pedestrians and other road users

Liability in Florida is based on negligence. Therefore, for most defendants in your claim, proving the negligent acts aids in establishing liability. Rental car companies do not shoulder liability for your claim for simply owning the vehicle involved in the accident. However, there are circumstances under which their actions or failure to act result in their liability. These instances include:

Vicarious liability is the legal principle that holds an entity responsible for the actions of its agents or employees. The vicarious liability concept is essential in the context of rental car accidents. In rental car cases, the company shoulders liability for the negligent acts of each person who rents a vehicle.

Florida Statutes Section governs vicarious liability in car rental cases. The statute holds rental car companies accountable for accidents caused by their vehicles. The company's liability applies when the rental car driver acts within the scope of the rental agreement. For example, the rental company can shoulder liability for damages if a renter causes an accident while driving the vehicle.

However, the driver must have used the car for authorized purposes or within the rental agreement's terms. The court will hold the company liable in your lawsuit even if it played no part in the negligent driver's acts.

The reasoning behind vicarious liability in rental car cases is that the company benefits from the customer's vehicle use. While operating a rented vehicle, a customer is considered the rental car agent. Therefore, the rental company is liable for the actions of its agents.

However, there are exceptions to the vicarious liability. Rental companies may avoid liability by proving that the renter violated the rental agreement. Such violations include driving under the influence of drugs or allowing an unauthorized driver to operate the vehicle.

Florida law also requires rental companies to offer insurance coverage to renters. If the renter declines this coverage, they are liable for damages caused by an accident. Vicarious liability in car rental cases extends from personal injury and property damage claims.

Rental car companies must ensure proper vehicle maintenance. The company fulfills this obligation by routinely servicing and repairing faulty vehicle parts. A poorly maintained vehicle can cause accidents.

Vehicle part defects can compromise its safety and performance, contributing to accidents. They include:

• Brake failure. Faulty brakes can cause a vehicle to lose its ability to stop, leading to accidents.
• Tire blowouts. Worn-out tires, underinflated tires, or defective tires can cause tire blowouts while driving. A tire blowout can cause loss of vehicle control and result in accidents. Therefore, regular tire replacement is necessary.
• Headlights malfunction. Non-functional or dim headlights or taillights can reduce the driver's visibility, which increases the risk of catastrophic accidents.
• Steering system failure. A malfunctioning steering system can make it difficult to control the vehicle. When drivers lose vehicle control, they could collide with other vehicles or hit pedestrians on the road.
• Suspension problems. Defects in the suspension system can affect the vehicle's stability and ability to maintain proper tire contact with the road.

If the rental company's failure to maintain the vehicle caused the accident, the court can hold it liable for your injuries.

Florida requires drivers to carry a minimum insurance coverage when operating in the state. However, rental car companies often offer extra insurance for renters using their vehicles. Before renting a vehicle, the company must verify that the renter has enough coverage.

Failure to verify insurance coverage is a negligent act. The company assumes liability if it rents the vehicle to someone without ensuring they have the appropriate insurance. Liability under these circumstances is essential if the renter causes an accident that results in significant damages or injuries. The company must cover the damages if the renter's insurance does not cover the full cost.

Rental car companies must screen their customers to ensure they meet the qualifications to drive the vehicle. Most rental companies need the renter to have a valid driver's license and hold it for a specific number of years to rent the car.

Meeting these qualifications gives the renter a sense of security. This is because most experienced drivers exercise reasonable caution on the road. Unqualified or inexperienced drivers can cause accidents affecting other road users. Unfortunately, some companies ignore these requirements and rent the vehicle to inexperienced drivers.

Typical forms of negligence when renting out vehicles include:

• Renting to Drivers Under the Influence

Car rental companies must ensure that the renter can operate the vehicle. Drunk driving is a common cause of accidents in Florida. Drunk drivers lack the mental capacity to make reasonable decisions when driving.

Mostly, drivers are held liable for injuries resulting from drunk driving accidents. However, if a company rents a vehicle to an intoxicated person, it can share in the liability for the accidents caused by impaired driving.

• Renting to Drivers with a Suspended License

In Florida, a driver can face a license suspension for negligent driving or other driving offenses. Therefore, rental companies must ensure that the driver has a valid license. Renting a car to someone with a suspended or revoked license can lead to company liability if the driver causes an accident.

• Renting to Drivers with a Poor Driving Record

Rental companies can ensure the safety of road users by checking a renter's driving record. If a company rents a car to someone with a history of reckless driving, it can shoulder liability for an accident.

Rental companies must ensure that the vehicles they rent out are safe and in good working condition. The company must perform routine maintenance and address known defects or safety issues.

If a rental company learns of a defect in the vehicle, it must inform the customer. The warning could be a verbal alert or written notice. The company can offer an alternative vehicle if the defect compromises the renter's safety. Failure to provide such warnings can result in liability for accidents caused by the defect.

In some cases, the rental company can argue that it was unaware of the defect. However, you can still hold them liable for your injuries since they must inspect the vehicles and repair the defects.

Under Florida law, car rental companies must prevent criminal activity involving their vehicles by performing background checks on renters before allowing them to use the cars. Additionally, companies can create policies prohibiting using rental cars for unlawful purposes. Failure to follow these safety standards could also lead to liability in case of a criminal act involving the vehicle.

Car rental companies are not automatically liable for the criminal acts committed by renters. You must establish the company's negligence when proving liability under these circumstances. The extent of the company's liability for crimes committed using rental cars depends on these factors:

• Company's negligence,
• Nature of the crime committed
• The steps taken to prevent criminal acts

For example, a rental car company can rent a car to someone with a known history of criminal activity. If the person uses the vehicle to flee a crime scene, they could cause a collision. Under these circumstances, the company can share in the liability for the damages. However, the company must have known of the criminal record and ignored the risk when renting the vehicle.

Rental agreements limit the rental company's liability for criminal acts. These agreements contain disclaimers of responsibility for criminal activity committed by the renter. They can absolve the company from responsibility for the car's use in criminal acts.

Florida is a no-fault state. It means that drivers must carry personal injury protection (PIP) insurance. PIP covers medical expenses for the driver after an accident. However, the need for PIP does not make rental car companies immune from liability.

Florida law requires rental car companies to offer renters uninsured motorist (UM) coverage and insist on its significance to the renter. Without the UM cover, the driver cannot pay for expenses after an accident with an insured motorist.

In this case, the rental company shoulders liability for failing to ensure adequate protection for the renter.

Liability for a car accident does not automatically fall on the rental car company. When you file a lawsuit against the company, it can present the following defenses to avoid liability for your injuries and losses:

• Contributory negligence. Liability for car accidents in Florida is based on negligence. The rental company can reduce or eliminate liability by arguing that the renter's negligence caused the accident. Many parties can share in the liability for an accident depending on the extent of their negligence. With more liable parties, each party has reduced liability.
• Risk assumption. Another defense the company uses is arguing that the car renter assumed the risk when renting the car.
• The accident was unforeseen. In Florida, negligence involves breaching a duty of care and placing another person at risk. Therefore, the company can argue that the accident resulted from unforeseeable circumstances, which absolves them from liability.
• Contractual limitations. Rental companies draft contracts they may need renters to sign before renting a vehicle. When you file a personal injury claim, the company can use the agreement terms to limit its liability for your accidents and injuries.
• No causation. When proving liability in a car accident claim, causation is essential. It means the defendant's actions must have contributed to the accidents and injuries. A lack of causation can absolve the rental company of accident liability.

Victims of rental car accidents are entitled to compensation from parties responsible for the accident. If you suffer injuries in a rental car accident, you cannot file a lawsuit against the company for owning the vehicle. However, you can hold the company liable for your injuries if negligence caused the accident.

Car rental companies are responsible for maintaining their vehicles and warning renters of potential defects. This ensures the safety of individuals who ride in rental cars and other road users. Failure to do this could result in accidents and severe injuries. Under these circumstances, you can file a lawsuit against the company. Navigating the complexities of a car accident claim against a rental company is nerve-wracking.

Thus, it pays to have the representation of an experienced personal injury lawyer. At Jacksonville Personal Injury Attorney, we offer expert legal insight to clients battling personal injury lawsuits in Jacksonville, FL. Call us at 904-800-7557 to discuss the details of your lawsuit.